66 DAFI36-3012 6 APRIL 2023
8.5.3.1.1. Payment commences on the date (1) the court-martial sentence is adjudged
if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad conduct
discharge, or forfeiture of all pay and allowances; (2) if there is a pretrial agreement
that provides for disapproval or suspension of the dismissal, dishonorable discharge,
bad conduct discharge, or forfeiture of all pay and allowances, as of the date of entry
of judgment (EOJ) under section 860c of this title (Article 60c of the Uniform Code of
Military Justice) if the sentence includes an unsuspended dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay and allowances; or (3) the
date the member’s commander starts administrative separation action if the basis for
separation includes a dependent-abuse offense. This date will be the date used in
Section II, Item 8 a-c of the DD Form 2698, and no payment will be made if the date
is prior to 30 November 1993. (T-0)
8.5.3.1.1.1. Suspension or Deferral of Total Forfeiture of Pay and Allowances
Pursuant to a Sentence of a Court-Martial. In the case of payment of transitional
compensation by reason of total forfeiture of pay and allowances pursuant to a
sentence of a court-martial, payment of transitional compensation will not be made
for any period for which an order defers or suspends, in whole or in part, that part
of a sentence that includes total forfeiture of the Service member’s pay and
allowance; or otherwise results in continuation, in whole or in part, of the Service
member’s pay and allowances, in accordance with DoDI 1342.24, para 3.2a(3).
8.5.3.1.2. In cases of Exceptional Eligibility, payments commence on the date set by
SecAF when it is determined a dependent is approved for transitional compensation.
(T-0)
8.5.3.2. The duration of payments will be 36 months as of 22 September 2014. This
applies to those cases with an effective date of payment (DATE OF APPROVAL OF THE
COURT-MARTIAL/ADMINISTRATIVE SEPARATION BLOCK 20) which is 22
September 2014 or thereafter pursuant to the authorities in 10 USC § 1059 and DoD
7000.14R, Financial Management Regulation, Vol. 7B Chapter 60 and DoDI 1342.24,
Transitional Compensation for Abused Dependents. Note: For cases with effective dates
prior to 22 September 2014: if, as of the starting date of payment, the unserved portion of
the member’s obligated active-duty service is less than 36 months, the duration of payment
will be the greater of the unserved portion or 12 months.
8.5.4. Payment Amount:
8.5.4.1. Monthly payments to a spouse will be at the rate in effect for the payment of
dependency and indemnity compensation under 38 USC § 1311(a)(1), Dependency and
indemnity compensation to a surviving spouse. If the spouse has custody of a dependent
child or children of the member, the amount of monthly compensation to the spouse will
increase for each child by the amount in effect under 38 USC § 1311(b), Dependency and
indemnity compensation to children. If there is no eligible spouse, compensation paid to a
dependent child or children will be paid in equal shares at the rate in effect under 38 USC
§ 1313, Dependency and indemnity compensation to children.
8.5.4.2. Payments will be prorated for months when payments start or stop in the middle
of a month.